XYZ vs State of Chhattisgarh - 2022 Supreme(Chh) 408

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Chh) 408

SANJAY K. AGRAWAL
XYZ – Appellant
Versus
State of Chhattisgarh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: C.K. Kesharwani.
For the Respondent: Arjit Tiwari.

ORDER :

1. The petitioner was victim and also stood as witness in Special Criminal Case No. 8/2018, State of Chhattisgarh vs. Bhupendra Rathore. The accused in that special criminal case was acquitted by the learned Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act of 1989’) of the charges under Section 376(2) of the IPC as well as Section 3(2)(v) of the Act of 1989 finding that the victim/petitioner herein has not supported the case of the prosecution and the prosecution has failed to prove the aforesaid offences beyond reasonable doubt, and while acquitting, in paragraph 11 of the impugned judgment, the learned Special Judge has directed that separate proceeding be registered against the petitioner herein for giving false evidence, punishable under Sections 181, 182, 211 and 191 to 193 of the IPC, as application has been filed by the prosecution for the said purpose, pursuant to which fresh proceeding has also been registered being MJC No. 59/2018.

2. This petition under Section 482 of the Cr.P.C. has been filed for quashing the direction contained in paragraph 11 of the judgment dated 6-10-2018 passed by the